Below are some questions that our office typically gets on the issue of domestic violence restraining orders (called a DVRO for short) in Sacramento.
What type of Abuse would qualify me for a Domestic Violence Restraining Order?
Abuse is broadly defined in California. You do not need physical abuse to get a restraining order in the State of California. The legislature has broadly defined domestic violence for purposes of domestic violence restraining orders. Below are some examples of acts that can qualify you for a domestic violence restraining order.
- Any Action that “Disturbs the peace” of the other party
- Harassing Emails
- Accessing One’s social media, phone, etc.
- Tracking one party on a phone or GPS device
- Sending or threatening to send sensitive pictures or information
- Coercive Control – That is estranging one from their family or friends through the threat of use of financial control or actual control over the individual
- Stalking
- Threatening to harm one’s self or others
- Repeated unwelcome communications
Are there any limits on what type of “Abuse” is domestic violence within the meaning of a Domestic Violence Restraining Order?
Yes, there are a few cases on the point that recently limited the application of what qualifies as abuse, especially when there are children involved. This is going to be a very fact-specific inquiry and you should contact your attorney.
My Ex Put A False Domestic Violence Restraining Order on Me, How Can I Terminate It?
It’s is possible to file a request to terminate an active existing restraining order under certain circumstances. Generally, the law will require you to show that there’s been a change of circumstances that would make the existing restraining order unwise or unjust. Obviously, there are no bright-line rules on this, but here are a few examples of restraining orders that our office has terminated:
- Termination when one party moved 500+ miles away from the other party with no intention to return;
- Termination when one party resumed a romantic relationship with the restrained party and showed no fear;
- Termination when the protected party started to commit domestic violence on the restrained party;
- Termination when the protected party started to use the domestic violence restraining order as a sword (calling in false arrests, abusing the 100 yards stay away).
- Termination by stipulation of the parties;
- Termination when new evidence was discovered that was not available at the time of trial.
- Other circumstances.
What Happens to My Guns When There is a Domestic Violence Restraining Order?
When a restraining order is issued against you, the restrained party loses their rights to have firearms and must immediately hand the guns over to a firearm dealer or a sheriff.
How Can I Get My Firearms Restored After A Domestic Violence Restraining Order?
It is possible to file for a restoration of your firearms under certain circumstances. One has to show the Court that their firearms are necessary for their continued employment. One would also have to show the Court that they have passed a special psychological evaluation that shows they would do no harm to anyone if their firearms were returned to them. This type of request requires a Court hearing.
I Obtained A Domestic Violence Restraining Order and Now Regret It. What Can I do?
You are able to file to get the restraining order removed if you are the protected party. However, this will require a court hearing and a stipulation to be heard at the Court hearing.
What are the Penalties for Violating a Domestic Violence Restraining Order?
Violation of a restraining order is very serious. Unlike other civil judgments, Domestic Violence Restraining Orders are registered on a criminal database. If you violate the restraining order and the police are called, there is a significant possibility that you will be arrested and go to jail depending on the underlying abuse allegation.
What Other Types of Restraining Orders are there other than a Domestic Violence Restraining Order?
A Domestic Violence Restraining Order is not the only type of restraining order available. There are several other types of restraining orders that exist including:
- Civil Harassment Restraining Orders
- Workplace Harassment Restraining Orders
- Elder Abuse Restraining Orders
- Criminal Protective Orders
What Relationship Does One need to have with the Respondent to obtain a Domestic Violence Restraining Order?
A Domestic Violence Restraining Order is only available if the Respondent is a certain type of relative or you two were in a former dating relationship. It is not available if the Respondent is not a relative or is a stranger.
What Affect Will a Domestic Violence Restraining Order Have on my Family Law Case?
Domestic Violence Restraining Orders detrimentally affect several of your rights in Family Court. You will immediately lose your firearms. Additionally, should a restraining order be granted against you, it will hurt your chances of getting custody of your children. Additionally it could affect your rights to get spousal support and a portion of the other side’s retirement.
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